The Dy. Commr. Income Tax, Cen. Circle,-2, RAJKOT-GUJARAT V. Late Shri Gordhanbhai M. Jakasania, RAJKOT-GUJARAT

ITSSA 1/RJT/2014

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 3690 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 16-03-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 10-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANJIT SINGH
• Assessee Lawyers: DM RINDANI
• Keywords: Unexplained investment; Additional evidence; Tax effect
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT , , BEFORE SHRI PRADIP KUMAR KEDIA , A CCOUNTANT MEMBER & SHRI MAHAVI R PRASAD , JUDICIAL MEMBER ./ I.T. (SS) A. NO. 01/RJT/2014 ( / ASSESSMENT YEAR : 2006 - 07 ) DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIR - 2, RAJKOT / VS. LT. SHRI GORDHANBHAI M. JAKASANIA, 601 & 603, NEW EMPIRE BUILDING, NEAR INDIRA CIRCLE, UNIVERSITY ROAD, RAJKOT. ./ ./ PAN/GIR NO. : AOAPJ 8113 M ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RANJIT SINGH, CIT - DR / RESPONDENT BY : SHRI D.M. RINDANI, C.A. / DATE OF HEARING 12/03/2018 / DATE OF PRONOUNCEMENT 16 / 0 3 /201 8 / O R D E R PER MAHAVIR PRASAD JUDICIAL M EMBER : THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE APPELLATE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS) - I V , AHMEDABAD [CIT(A) IN SHORT] DATED 13/11 /201 3 ARISING IN THE ASSESSMENT ORDER PASSED UNDER S.15 3(3) R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS 'THE ACT') DATED 0 4 /03/2013 RELEVANT TO ASSESSMENT YEAR (AY) 2006 - 07 . IT (SS) A NO. 01/RJT / 2014 THE DCIT VS. LT. SHRI GORDHANBHAI M. JAKASANIA ASST.YEAR 2006 - 07 - 2 - 2. THE G ROUNDS OF APPEAL RAISED BY THE REVENUE READ AS UNDER: - (1) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.28,19,224/ - MADE ON ACCOUNT OF UNACCOUNTED INVESTMENTS IN FDR. (2) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.28,19,224/ - AFTER ADMITTING ADDITIONAL EVIDENCES WHICH WERE NOT PRODUCED BEFORE THE ASSESSING OFFICER. (3) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN ADMITTING THE ADDITIONAL EVIDENCES UNDER RULE 46A(3) OF THE IT RULES WITHOUT GIVING A REASONABLE OPPORTUNITY TO THE ASSESSING OFFICER TO EXAMINE THE SAME. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL OF THE REVENUE NEEDS TO BE DISMISSED ON ACCOUNT OF LOW TAX EFFECT. LD. DEPARTMENTAL REPRESENTATIVE FAIRLY ADMITTED THAT THE TAX EFFECT IS LESS THAN THE LIMIT OF RS.10 LACS PRESCRIBED IN THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015. 4 . WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT PRIMA - FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 1 42/2007 - ITJ (PT) DATED 10TH DECEMBER 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE COMMISSIONER OF INCOME - TAX (APPEALS) S ORDER IS BELOW RS. 10 LACS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APP EAL. THE BOARD HAS PROVIDED EXCEPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL NOT BE APPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIO NS OR THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXCEPTION CLAUSE AND THE TAX IS LESS THAN RS.10 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DISMISSED . IT (SS) A NO. 01/RJT / 2014 THE DCIT VS. LT. SHRI GORDHANBHAI M. JAKASANIA ASST.YEAR 2006 - 07 - 3 - 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 16 / 0 3 /201 8 SD/ - SD/ - ( ) ( ) ( PRADIP KUMAR KEDIA ) ( MAHAVIR PRASAD ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 1 6/ 03 /2018 PRITI YADAV , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - IV, AHMEDABAD. 5. , , /DR,ITAT, RAJKOT 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, RAJKOT 1. DATE OF DICTATION 12/03/2018 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 13/03/2018 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S .. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S . 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER .. 10. DATE OF DESPATCH OF THE ORDER